Related Articles - Сox & Palmer

April 23, 2015

Jessica Bungay

Employment & Labour

Termination Without Cause Can Lead to Expedited Litigation

There are many circumstances that can arise that result in an employer terminating an employee without cause. An employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. Often times an employer who is terminating an employee without cause will make an offer of severance (e.g. pay in lieu of notice) that is conditional upon the employee signing a release. If the employee refuses to sign the release, and the parties are unable to agree on the amount of pay in lieu of notice the employee is entitled to, litigation will often ensue.

April 22, 2015

Amy MacGregor Jorge P. Segovia Deirdre L. Wade, KC

Insurance Litigation

Regional Insurance Litigation Group: Atlantic Canada Case Law Updates

Insurance Litigation case law updates from across the region.

April 16, 2015

Sean Glover

Banking & Finance Residential Real Estate

Mortgage Backed Loan Transactions

A frequently encountered issue faced by many lenders in mortgage backed loan transactions is the use by the borrower of a nominee title holder, or bare trustee.

April 16, 2015

Alternative Dispute Resolution

Mediation: The Other Tool in Your Toolbox

Mediation is a powerful tool for tackling private disputes of all kinds, particularly where privacy is preferred and the parties need a viable continuing relationship. Mediation is a proven process that allows people and organizations in dispute to resolve their conflict themselves, making for better outcomes, saving time and money, and avoiding the risk and cost of litigation.

April 16, 2015

Employment & Labour

Employer Entitled to “Better Doctor’s Note” after Six Month Absence

The Federal Court of Appeal decided in Western Grain By-Products Storage Ltd. v. Donaldson, 2015 FCA 62 (March 4, 2015), that Western Grain By-Products Storage Ltd (“Western Grain”) did not constructively dismiss its employee, Donaldson, when it refused to return him to work from extended leave due to illness without receipt of “a better doctor’s note.”

April 9, 2015

Intellectual Property & Technology

Border Measures of Anti-Counterfeiting Legislation Now in Force

The existence of counterfeit products often signify that a particular brand or product has ‘made it’: it is now sufficiently popular that someone is making knock-offs. Of course, counterfeits are a nuisance for legitimate rights holders and indeed harmful to consumers, who may not get the product they expect (and certainly without the usual warranties, etc. that legitimate products carry).

April 7, 2015

Employment & Labour

All Pay and No Work? That’s Constructive Dismissal!

Last year, we discussed a case which held that preventing an employee from working during a purported “working notice” period can constitute constructive dismissal. The rationale for the decision was that unilaterally preventing an employee from performing their duties (even when they’re still receiving their pay and benefits) is a fundamental change to the terms of employment.

April 2, 2015

Commercial Litigation

Recognizing Duty of Honest Contractual Performance

This case provided the Court with the opportunity to address whether there was or should be an over-arching duty of good faith in contract performance, or alternatively if a more limited duty of honest contractual performance should be recognized.

March 26, 2015

Jessica Bungay

Employment & Labour

Supreme Court of Canada Constitutionalizes Right to Strike

The Supreme Court of Canada has held, in Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, that the right to strike is an essential part of a meaningful collective bargaining process that is protected by the fundamental right of freedom of association set out in section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”).

March 17, 2015

Employment & Labour

Supreme Court of Canada Finds Constructive Dismissal where Administrative Suspension...

The Supreme Court of Canada has overturned the New Brunswick Court of Queen’s Bench and the New Brunswick Court of Appeal in a new landmark constructive dismissal case: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10.